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Case 2:16-cr-00046-GMN-PAL Document 1138 Filed 12/16/16 Page 1 of 8

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JESS R. MARCHESE, ESQ.


Nevada Bar No. 8175
MARCHESE LAW OFFICES
601 S. Las Vegas Blvd.
Las Vegas, NV 89101
(702) 385-5377 Fax (702) 474-4210
marcheselaw@msn.com
Attorney for Defendant: Eric Parker

UNITED STATES DISTRICT COURT


DISTRICT OF NEVADA

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THE UNITED STATES OF AMERICA,

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v.

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ERIC PARKER, et al.,

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)
) Case No. 2:16-cr-046-GMN-PAL
Plaintiff,)
)
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DEFENDANTS JOINT PROPOSED
)
)
VOIR DIRE
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Defendant.)
)

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DEFENDANTS JOINT PROPOSED VOIR DIRE

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COMES NOW the defendants, ERIC PARKER, by and through his attorney of record,

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JESS R. MARCHESE, ESQ., STEVEN STEWART, by and through his attorney of record,

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RICHARD TANASI, ESQ., O. SCOTT DREXLER, by and through his attorney of record,

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TODD LEVENTHAL, ESQ., RICHARD LOVELEIN, by and through his attorney of record,

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SHAWN PEREZ, ESQ., GREGORY BURLESON, by through his attorney of record,


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TERRANCE JACKSON, ESQ., TODD ENGEL, by and through his attorney of record,

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JOHN GEORGE, ESQ., hereby file their joint proposed voir dire.

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Case 2:16-cr-00046-GMN-PAL Document 1138 Filed 12/16/16 Page 2 of 8

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STATEMENT OF THE CASE


The Defendants herein are charged with Conspiracy to commit an offense against the
United States in violation of 18 U.S.C. 371. This charge arises from conduct that allegedly

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occurred sometime between March of 2014 and March 2, 2016; Conspiracy to impede or injure a

federal officer in violation of 18 U.S.C. 372. This charge arises from conduct that allegedly

occurred sometime between March of 2014 and March 2, 2016; Use and carry of a firearm in

relation to a crime of violence in violation of 18 U.S.C. 924(c) and 2. This charge arises

from conduct that allegedly occurred sometime between March of 2014 and March 2, 2016;

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Assault on a federal officer in violation of 18 U.S.C. 111(a)(1), (b) and 2. This charge arises

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from conduct that allegedly occurred on April 9, 2014; Assault on a federal officer in violation of

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18 U.S.C. 111(a)(1), (b) and 2. This charge arises from conduct that allegedly occurred on

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April 12, 2014; Use and carry of a firearm in relation to a crime of violence in violation of 18

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U.S.C. 924(c) and 2. This charge arises from conduct that allegedly occurred on April 12,

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2014; Threatening a federal law enforcement officer, in violation of 18 U.S.C. 115(a)(1)(B)

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and 2. This charge arises from conduct that allegedly occurred on April 11, 2014; Threatening

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a federal law enforcement officer in violation of 18 U.S.C. 115(a)(1)(B) and 2. This charge

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arises from conduct that allegedly occurred on April 12, 2014; Use and carry of a firearm in

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relation to a crime of violence in violation of 18 U.S.C. 924(c) and 2. This charge arises

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from conduct that allegedly occurred on April 12, 2014; Obstruction of the due administration of

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justice in violation of 18 U.S.C. 1503 and 2. This charge arises from conduct that allegedly

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occurred on April 6, 2014; Obstruction of the due administration of justice in violation of 18

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U.S.C. 1503 and 2. This charge arises from conduct that allegedly occurred on April 9,

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2014; Obstruction of the due administration of justice in violation of 18 U.S.C. 1503 and 2.
This charge arises from conduct that allegedly occurred on April 12, 2014; Interference with
interstate commerce by extortion in violation of 18 U.S.C. 1951 and 2. This charge arises
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Case 2:16-cr-00046-GMN-PAL Document 1138 Filed 12/16/16 Page 3 of 8

from conduct that allegedly occurred between April 2, 2014, and April 9, 2014; Interference with

interstate commerce by extortion in violation of 18 U.S.C. 1951 and 2. This charge arises

from conduct that allegedly on April 12, 2014; Use and carry of a firearm in relation to a crime

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of violence in violation of 18 U.S.C. 924(c) and 2. This charge arises from conduct that

allegedly occurred on April 12, 2014; Interstate travel in aid of extortion in violation of 18

U.S.C. 1952 and 2. This charge arises from conduct that allegedly occurred sometime

between April 5, 2014 and April 12, 2016.

They have all entered pleas of not guilty.

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PROPOSED QUESTIONS

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1) Has anyone in the jury panel work or previously worked in law enforcement? Does
anyone have any close family or friends involved in law enforcement?

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2) Is there any prospective juror that would give more weight to the testimony of a law
enforcement officer simply because of their title or position?
3) In this case a federal agent or employee may state his or her opinion. Do accept that you
are not bound by that opinion?
4) Would it be your inclination to merely accept the opinion of an agent or government

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employee, or would you be more inclined to take a look at the facts upon which the
individuals opinion is based?
5) Does anyone think that just because someone is in the vicinity of a crime that they are
automatically guilty?
6) Does anyone think that law enforcement is always right when they deal with the public?

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7) Is anyone familiar with the Bureau of Land Management? If so, what do you think they
do?
8) Do any of you work with the Bureau of Land Management? If so, what are your duties?
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9) This case involves circumstantial evidence. This means that much of the testimony will

not come from eye witnesses. Knowing that fact, will any of you be more likely to

accept or reject evidence that someone may not have personally observed?

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10) Have any of you heard of the Second Amendment to the United States Constitution? If
so, what does that mean to you?
11) The defense intends to call an expert witness in this case in the area of firearms. Is there
anyone who would not accept that person as an expert in that particular field?
12) Is anyone afraid of firearms?

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13) Does anyone own a firearm? If so, what is the primary purpose for your ownership of the
firearm?
14) Does anyone use a firearm in conjunction with their occupation?
15) Is there anyone that has special training or experience with firearms?

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16) The Defendant in this case regularly and legally carries a firearm on his person. Is there

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anyone that has any particular bias or prejudice towards that custom that would make

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them unable to be fair and impartial in this case?

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17) Does anyone hunt with a firearm? Does anyone disagree with hunting?
18) Have any of you or anyone closely associated with you been a victim of a crime

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involving a firearm?

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19) Do any of you know where Bunkerville is? Have any of you been there?

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20) Is anyone familiar with the area where this case took place?

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21) Have any of you heard of the First Amendment to the United States Constitution? If so,

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what does that mean to you?

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22) Does anyone disagree with protesting? If so, why?

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Case 2:16-cr-00046-GMN-PAL Document 1138 Filed 12/16/16 Page 5 of 8

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23) Does any member of the jury panel hold any belief that would make it impossible for
them to serve as a juror in this case? For example, do you believe a defendant is guilty
simply because he is sitting in court?

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24) Have any of you heard anything about the facts of this case prior to coming to court today
to potentially serve as a juror?
25) Have you watched, read, or heard of any media reports about the showdown at the
Bundy Ranch?
a) How did that information affect you?

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b) Has the information that youve obtained given you such a bias that you cannot be
fair and impartial in this case?
26) Do you feel information that you obtain from media outlets more or less reliable than
information that you receive from other sources?

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27) Have any of you seen or heard of Cliven Bundy? What have you heard?
28) Do you feel information that you obtain from media outlets more or less reliable than
information that you receive from other sources?
29) During the last election, did you receive any campaign literature that mentioned Cliven
Bundy?

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30) During the last election, did you see any television adds by any political candidate that
mentioned or depicted Cliven Bundy?

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31) If you saw any campaign literature or televised political advertisement that mentioned or

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depicted Cliven Bundy, do recall if Mr. Bundy was presented in a negative fashion?

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32) Have you heard the term militia? What does that mean to you?

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33) Have you heard of the Idaho 3 percenters?


34) This case has received extensive media coverage. Has anyone seen or heard some of this
coverage? If so, what do you remember hearing or seeing?
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Case 2:16-cr-00046-GMN-PAL Document 1138 Filed 12/16/16 Page 6 of 8

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35) This case had a companion case with many of the same defendants that took place in
Oregon that received extensive media coverage. Has anyone seen or heard some of this
coverage? If so, what do you remember hearing or seeing?

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36) Does everyone know the difference between a civil and a criminal proceeding?

37) The defendants in this case all identify as white males. Does anyone have any bias or

prejudices towards white males that would make it impossible for them to be fair and

impartial in this case?

38) The defendants in this case all identify as Christians. Does anyone have any bias or

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prejudices towards Christians that would make it impossible for them to be fair and
impartial in this case?
39) At this exact moment, would you vote guilty or not guilty?
40) Do you agree with the fact that an indictment is merely a device for setting in motion the
presentation of a case to the jury for your individual determination of a persons

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innocence or guilt; that it is not evidence and certainly not proof and that no unfavorable

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inference may be drawn against a person merely because he is charged with a crime?

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41) Do you understand that you must give the defendant the presumption of innocence
without any mental reservations whatsoever and that you are to consider this presumption

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of innocence as actual proof of innocence until it is overcome by proof of guilt beyond a


reasonable doubt?
42) The proof in a criminal case to establish the guilt of any person must be beyond a
reasonable doubt. The burden of proof beyond a reasonable doubt rests with the
prosecution. Do you understand that the prosecution has to prove each and every element

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of an offense to a moral certainty and beyond a reasonable doubt?


43) If, after deliberating for a period of time, you found that eleven jurors felt one way and
you felt the other way, or alternatively nine jurors felt one way and you were one of the
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three who felt the other way, would your inclination be to stick to your position or to

change over to the other side as a result of peer pressure?

44) Would you be open minded enough that if a juror were to point something out to you that

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you viewed as significant that you had not previously considered, would you then
consider changing your mind?
45) If, however, you had already considered that which was pointed out to you, would you
then continue to stick with your decision?
46) Is there any reason whatsoever that you cannot be a fair and impartial juror in this case?

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DATED this 16th day of December, 2016.


/S/ ______________
JESS R. MARCHESE, ESQ.
Attorney for Defendant PARKER

____________/S_________________
RICHARD TANASI, ESQ.
Attorney for Defendant STEWART

/S/ ______________
TODD LEVANTHAL, ESQ.
Attorney for Defendant DREXLER

___________/S/_________________
SHAWN PEREZ, ESQ.
Attorney for Defendant LOVELEIN

/S/ ______________
TERRY JACKSON, ESQ.
Attorney for Defendant BURLESON

__________/S/___________________
JOHN GEORGE, ESQ.
Attorney for Defendant ENGEL

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Case 2:16-cr-00046-GMN-PAL Document 1138 Filed 12/16/16 Page 8 of 8

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CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the MARCHESE LAW OFFICES, and that on
the 16th day of December 2016, I served a copy of the foregoing: DEFENDANTS JOINT
PROPOSED VOIR DIRE via the CM/ECF system upon the following.
Government Counsel:
Mr. Steven Mhyre, Esq.
Mr. Nicholas Dickinson, Esq.
Ms. Nadia Ahmed, Esq.
Ms. Erin Creegan, Esq.
/s/
.
an employee of Marchese Law Offices

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